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Full-Text Articles in Law

United States Objection To The International Criminal Court: A Paradox Of "Operation Enduring Freedom", Remigius Chibueze Aug 2010

United States Objection To The International Criminal Court: A Paradox Of "Operation Enduring Freedom", Remigius Chibueze

Annual Survey of International & Comparative Law

There has been tremendous success in the signing and ratification of the ICC Statute. To date, 139 countries have signed and 89 countries, encompassing countries from all regions of the globe, have ratified the statute, which took effect on July 1, 2002 after being ratified by more than 66 countries. While most countries declared their support for the ICC, the U.S. was not in favor of signing the statute and therefore voted against it. There is no doubt that the September 11, 2001 attacks on the United States were crimes against humanity as contained in the Rome Statute. Therefore, if …


New Developments In 2001 Chinese Criminal Procedure Law, Xia Jinwen Aug 2010

New Developments In 2001 Chinese Criminal Procedure Law, Xia Jinwen

Annual Survey of International & Comparative Law

On March 17,1996, the 8th National People's Congress passed a new criminal procedure law during its 4th conference, based on an earlier code promulgated on January 1, 1980. In general, the new Criminal Procedure Code introduced significant developments in connection with the following aspects of the law: presumption of innocence, coercive measures, abolition of exemption from prosecution, criminal defenses, and the reformation of judicial proceedings.


Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun Aug 2010

Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun

Annual Survey of International & Comparative Law

The author delivered these remarks at the First International Workshop on Criminal Law Reform which was held in Istanbul, Turkey from October 20-24, 1999. The conference was sponsored by the Goethe Institute; Heinrich-Eoell-Stifling, Germany; University of Kansas School of Law; Marmara University School of Law; and Yeditepe University School of Law.


The Lockerbie Controversy: Tension Between The International Court Of Justice And The Security Council, Eric Zubel Aug 2010

The Lockerbie Controversy: Tension Between The International Court Of Justice And The Security Council, Eric Zubel

Annual Survey of International & Comparative Law

Pan American Flight 103 exploded midair over Lockerbie, Scotland on December 21,1988. Investigations suggested that two Libyan nationals were to blame. When the U.N. Security Council imposed sanctions on the Libyan government in 1993 for its failure to cooperate with U.S. and U.K extradition requests, Libya turned to the International Court of Justice (ICJ) for help. Libya asked the ICJ to declare that Libya was not obliged to extradite its nationals to the United States or the United Kingdom and further asked the Court to enjoin the U.S. and the U.K from the use of force or threats against Libya. …


Northern Ireland's Criminal Trials Without Jury: The Diplock Experiment, Carol Daugherty Rasnic Aug 2010

Northern Ireland's Criminal Trials Without Jury: The Diplock Experiment, Carol Daugherty Rasnic

Annual Survey of International & Comparative Law

Northern Ireland's principle of non-jury felony trials is an anomaly in Anglo-American jurisprudence. Indeed, it is unique among common law systems. One British legal scholar has referred to the jury trial as the "paradigm of all [criminal] trials." The exceptional situation in Northern Ireland has resulted from the ongoing "troubles" which, since the late 1960s, have been a prominent feature of life in this small segment of the United Kingdom. Eliminating the jury in trials dealing with terrorist charges was determined to be necessary in dealing with the mounting sectarian violence. Part I of this article summarizes the issue dividing …


Yakuza: The Warlords Of Japanese Organized Crime, Lt. Bruce A. Gragert Aug 2010

Yakuza: The Warlords Of Japanese Organized Crime, Lt. Bruce A. Gragert

Annual Survey of International & Comparative Law

The power of the yakuza, Japan's legendary crime syndicates, reaches into all areas of Japan's economic life and politics. Composed of some 3,000 separate, tightly-knit gangs, with over 80,000 members, the yakuza survive despite Japan's 1992 Anti-gang law and other government measures. While the range of their traditional activities has been somewhat reduced, they have compensated by turning to more sophisticated types of crime and by expanding their operations abroad - mostly to Southeast Asia, parts of Latin America, and the U.S. Estimates of their annual income from criminal activities and their 25,000 legitimate "front" organizations run to as high …


The New Legal Status Of The Bulgarian Prosecutor's Office, Ekaterina Panayotova Trendafliova-Batchvarova Aug 2010

The New Legal Status Of The Bulgarian Prosecutor's Office, Ekaterina Panayotova Trendafliova-Batchvarova

Annual Survey of International & Comparative Law

No abstract provided.